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2025 DAILYLAW 64410 (PNJ)

NACHHATTAR SINGH @ NACHHATAR SINGH v. STATE OF PUNJAB

CRM-M/29997/2025 · 2025-08-28

Sumeet Goel

body2025

Judgment text

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CRM CRM CRM CRM----M M M M----29997 29997 29997 29997 212 212 212 212 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT Nachhattar Singh @ Nachhatar Singh State of Punjab CORAM: CORAM: CORAM: CORAM: Present Present Present Present: SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL 1. Nagarik Suraksha Sanhita, 2023 anticipatory registered for offences punishable under Sections 190 of BNS, 2023 2. petitioner was carrying a kappa and gave a blow on the right hand of the 29997 29997 29997 29997----2025 2025 2025 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CRM CRM CRM CRM----M M M M Date of decision: Date of decision: Date of decision: Date of decision: Nachhattar Singh @ Nachhatar Singh versus Punjab HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. L.S. Sidhu, Advocate for the petitioner. Mr. Kunwarbir Singh, AAG Punjab. ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) anticipatory bail to the petitioner in case registered for offences punishable under Sections BNS, 2023, at Police Station Dharamkot, District Moga. On 29.05.2025, the following order was passed: “The petitioner has filed the present petition under Section 482 BNSS with a prayer to grant of anticipatory bail to him in case FIR No.50 dated 18.03.2025, under Sections 115(2), 117(2), 333, 191(3), 190 BNS, 2023 registered at Police Station Dharamkot, District Moga. The petitioner has been falsely involved in the present case. In there was a scuffle between the aunt of the petitioner on th complainant Major Singh on the other side, over a trivial issue of cow dang cakes. Even as per the case set up by the prosecution, the petitioner was carrying a kappa and gave a blow on the right hand of the complainant namely Major Singh and Section 117(2) of BNS was in the present case. However, the said offence is bailable in nature. Learned counsel further contends that Section 333 BNS has been added only to make the offence graver. I have heard the learned counsel for the record. At this stage, the petitioner is directed to join the investigation. the event of arrest, he shall be released on interim bail to the satisfaction of Arresting/Investigating Officer, subject to the conditions provided under Section 482(2) of B.N.S.S. Adjourned to 28.08.2025.” 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH M M M M----29997 29997 29997 29997----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: August 28, August 28, August 28, August 28, 2025 2025 2025 2025 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL the petitioner. Mr. Kunwarbir Singh, AAG Punjab. Present petition has been filed under Section 482 of the Bhartiya (for short ‘BNSS’) for grant of concession of bail to the petitioner in case FIR No.50 dated 18.03.2025, registered for offences punishable under Sections 115(2), 117(2), 333, 191(3), Dharamkot, District Moga. he following order was passed: The petitioner has filed the present petition under Section 482 BNSS with a prayer to grant of anticipatory bail to him in case FIR No.50 18.03.2025, under Sections 115(2), 117(2), 333, 191(3), 190 BNS, 2023 registered at Police Station Dharamkot, District Moga. The petitioner has been falsely involved in the present case. In fact there was a scuffle between the aunt of the petitioner on the one side and complainant Major Singh on the other side, over a trivial issue of making cow dang cakes. Even as per the case set up by the prosecution, the petitioner was carrying a kappa and gave a blow on the right hand of the ingh and Section 117(2) of BNS was added the present case. However, the said offence is bailable in nature. counsel further contends that Section 333 BNS has been added I have heard the learned counsel for the parties and perused the At this stage, the petitioner is directed to join the investigation. In the event of arrest, he shall be released on interim bail to the satisfaction of Arresting/Investigating Officer, subject to the conditions provided ....Petitioner ....Respondent 482 of the Bhartiya cession of .2025, , 117(2), 333, 191(3), The petitioner has filed the present petition under Section 482 BNSS with a prayer to grant of anticipatory bail to him in case FIR No.50 18.03.2025, under Sections 115(2), 117(2), 333, 191(3), 190 BNS, fact and making cow dang cakes. Even as per the case set up by the prosecution, the petitioner was carrying a kappa and gave a blow on the right hand of the added the present case. However, the said offence is bailable in nature. counsel further contends that Section 333 BNS has been added parties and perused the In the event of arrest, he shall be released on interim bail to the satisfaction of Arresting/Investigating Officer, subject to the conditions provided MAHAVIR SINGH 2025.08.28 17:14 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----29997 29997 29997 29997----2025 2025 2025 2025 2222 3. Learned State counsel (on instructions) has stated that pursuant to the order dated 29.05.2025, the petitioner has indeed joined investigation, and his custodial interrogation is not required. 4. Having heard learned counsel for the parties and upon perusal of the record and in view of the stance of the State, the interim order dated 29.05.2025 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023. 5. Petition stands allowed, accordingly. 6. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 7. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS, 2023 or upon showing any other sufficient cause. 8. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 9. Pending application(s), if any, shall also stand disposed of. (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) JUDGE JUDGE JUDGE JUDGE August 28, August 28, August 28, August 28, 2025 2025 2025 2025 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2025.08.28 17:14 I attest to the accuracy and authenticity of this order/ judgment